The Chelsea supporter pictured making an alleged racist gesture towards
Manchester United forward Danny Welbeck will face no further action, the
Crown Prosecution Service has confirmed.

Gavin Kirkham, 28, was arrested last month after a photograph emerged of the incident during the Capital One Cup tie between Chelsea and United at Stamford Bridge on Oct 31.

At the time of his arrest, Scotland Yard said that Kirkham, photographed in the Matthew Harding stand apparently raising his hands to his armpits in a gesture aimed at ­United’s black striker Welbeck, was spoken to after attending a west London police station by appointment.

However, the Metropolitan Police said last night: “Following an investigation which included taking witness statements from those around him in the crowd and viewing CCTV footage, a decision was taken with the Crown Prosecution Service to proceed with no further action.”

Peter Herbert, chairman of the Society of Black Lawyers, condemned the decision by the CPS, saying: “We are surprised and very disappointed with this decision. We will be taking this matter up with the CPS and also the Metropolitan Police in due course. This decision is not in the public interest and they need to be held to account for it.”

In response to criticism of its decision, however, the CPS insisted that there was insufficient evidence to support a prosecution.

A spokesperson said: “We have thoroughly reviewed the evidence in this case in accordance with the Code for Crown Prosecutors. To bring a charge for a racially aggravated public order offence we need to be able to prove in a court either that an individual’s gestures demonstrate hostility towards the victim based on the victim’s membership or presumed membership of a racial group, or that the offence is motivated wholly or partly by hostility towards members of a racial group based on their membership of that group.

“It is our decision that, having looked closely at video footage, an image of the incident and witness statements, the evidence does not demonstrate this to the standard required for a prosecution. There is therefore insufficient evidence for a realistic prospect of conviction and we are therefore not bringing a charge against this individual.”

Neither Welbeck nor Manchester United were prepared to comment on the decision when contacted by Telegraph Sport on Thursday night.

A Metropolitan Police spokesman insisted that the organisation continues to take allegations of racism “very seriously”. “The Metropolitan Police Service takes any allegation of racist chanting and/or behaviour very seriously and if any matters are brought to our attention they will of course be thoroughly investigated. The MPS routinely work very closely with football clubs and partner agencies to monitor behaviour to ensure public confidence and safety.”

The Welbeck incident is not an isolated one. Last month Sunderland supporter Liam Jones was arrested after he was photographed making what appeared to be a monkey gesture towards West Brom’s on-loan striker Romelu Lukaku at the Stadium of Light. Jones, who claimed he was doing a chicken dance, was released on police bail until next month.

This week Norwich City reported four separate incidents of actual or alleged racist abuse towards Sébastien Bassong to police. A Swansea fan was released on police bail on Sunday after being arrested the previous day for racist gestures towards Bassong during Norwich’s 4-3 win at the Liberty Stadium. The other three incidents involved racist messages being sent on Twitter after both the Swansea match and the 1-1 draw at Everton on Nov 24.